United States Cartridge Co.

In the Matter of UNITED STATES CARTRIDGE COMPANY amd INTERNA- TIONAL BROTHERHOOD OF ELECTRICAL WoRKF.RS, LOCAL No 1, A F OF L In the Mattel Of UNITED STATES CARTRIDGE COMPANY and INTERNA- TIONAL BROTHERHOOD OF FIRFMEN AND OILERS, LOCAL No 6, A F OF L Cases Nos R _3W and R-3796 -Decided July 8, 1942 Jurisdiction : cartridge manufacturing industry Investigation and Certification , of Representatives - existence of question re- fusal to accord any iunion recognition until certified by the Boaid, elections necessary Units Appropriate for Collective Bargaining separate units composing respec- tively (1) all boiler room and tunnel employees including tunnel foremen employed at Company's No 1 Powerhouse, excluding operating engineers, shift engineers, superintendent, and tool foremen and (2) all employees of the Elec- trical Department of Company's Plant No 1, including those employed on electrical maintenance, repair, and construction work, but excluding the general superintendent,-assistant superintendents, and clerical workers, held appro- priate despite contention of intervening industrial union that employees in- volved should be part of an industrial unit Mr Charles K Hackler, of St Louis, Mo , for the Board Mr R H McRoberts, of St Louis, Mo , for the Company Mr Frank W Jacobs and Mr James A Morrell, of St Louis, Mo, for the I B E W , Mr Joseph P Clark, of St Louis, Mo., for the Firemen Mr William ,Sentner, of St Louis, Mo , for the U E R M Mr George H Gentithes, of counsel to the Board , , DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by International Brotherhood of Electrical Workers, Local No 1, affiliated with the American Federation of Labor, herein called the I B E W, and by International Brotherhood of Firemen and Oilers, Local No 6, affiliated with the American Federa- tion of Labor, herein called the Firemen, alleging that a question af- fecting commerce had arisen concerning the representation of em- 42 N L R B, No 40 191 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees of United States Caitridge Company, St Louis, Missouri, here- in called the Company, the National Laboi Relations Board provided for an appropriate hearing upon due notice before Henry J Kent, Trial Examiner Said hearing was held at St Louis, Missouii, on April 30, 1942 The Company, the I B E W, the Firemen, and United Electrical, Radio and Machine Workers of Ameiica, Local 825, affiliated with the Congress of Industrial Organizations, heiein called the U. E R M, appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues The Trial Examiner's rul- ings made at the hearing are free fiom prejudicial eiror and are heieby affirmed Briefs were filed on behalf of the Company, the Firemen, and the U E R M, and have been duly considered by the Board - Upon the entiie record in the case, the Board makes the following. FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY United States Cartridge Company is a Maiyland corporation and a subsidiary of the Western Cartridge Company It is presently oper- ating at St Louis, Missouri" a single plant known as Plant No 1 under a cost plus a fixed fee operation contract in the production of cartridges for the United States Government A second plant to be known as Plant No 2 and substantially a duplicate of Plant No 1, is now under construction. Both plants, the machineiy and equipment therein, the raw materials used, and the finished products aie the property of the United States Government. The raw materials annually employed, consisting of copper, brass, manufactured powder, and lead, amount to several million dollars in value The finished products, likewise, amount to several million dollars annually While the Company con- cedes that the greater part of these mateiials and products are shipped to and from the State of Missouri, it contends, howevei, that it is not engaged in interstate commerce within the meaning of the Act We find that the Company is engaged in commerce within the meaning of the Act., II THE ORGANIZATIONS INVOLVED - International Brotherhood of Electrical Workeis, Local No 1, and International Brotherhood of Firemen and Oilers, Local No 6, are labor organizations affiliated with the American Federatioi of Labor, admitting to membership employees of the Company. , wrl 1 Seo N L R B V Fainblatt, 306 U S 601 UNITED STATES CARTRIDGE COMPANY 193 - United Electrical, Radio and Machine Workers of America, Local 825, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III THE QUESTION CONCFRNING REPRESENTATION The Fn emen and the I. B E. W sevei a] ly requested the Company to bargain collectively with them for craft employees which each con- tended it properly repiesented The U E R M also requested the Company to bargain with it but on the basis of an industrial unit The Company advised the three unions that before it undeitook to bargain with them, then status as iepresentatives must be established by the Board A statement of .the Regional Director, introduced in evidence at the hearing, indicates that the I B E W and Firemen each represents a substantial number of employees in the units hereinafter found appropriate 2 , We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV THE APPROPRIATE UNITS The I B. E W. seeks a unit composed of all employees of the Com- pany's Electrical Depaitment at its St Louis plant, including persons employed on electrical maintenance, i epair and construction work, but excluding the general superintendent, assistant superintendents, cler- ical workers and all other employees of the Company The Firemen seek a unit consisting of all boiler Loom and tunnel employees, includ- ing tunnel foremen employed at the No 1 and No 2 powerhouses at 2 The Regional Duector iepeited that the I B E W submitted 88 ipplications for membership cards, all except 6 of which ( these 6 being undated ) were dated from 1939 to March 1942 All 88 signatures appear to be genuine and original and all are names appearing on the March 22, 1942, pay roll containing 196 names of the electricians Classes A and B and tl e electiicians ' helpers The I B E VV also submitted 17 applications for membership cards, all but one dated from No embei 1941 to February 1942 The names on these cards do not appeal on the abose pay loll covering the electricians All 17 of the signatures appeal to be genuine and original, and 8 are listed on the Maich 22, 1942, pay ion coNermg all hourly paid employees The firemen submitted 86 authoi »ation and representation cards, 3 undated and 83 dated from December 1941 to April 1942 All 86 bore signatures except one which was printed and all 85 signatures ippear to be genuine and originarsignatutes Sixty-seven ate the names of persons on the Company s pay roll of April 23, 1942, listing 96 employees The U F R M submitted 485 authoiiiation cards, 77 being undated and the balance dated from October 1941 to Apul 1942 All but one appeared to be genuine and original sign ituies Four hundred forty-three of the 484 are listed on the March 22, 1942, pay roll coloring all hourly paid employees in the Company's entire plant at St Louis, Missouri, which lists 13,165 Ruch employes The U E R M offered one authorvation card the name on 'which is listed on the Ele<trical Department pay roll but offered no names of peisons listed on tile Company s pay ion of April 23, 1942, containing 96 employees in the unA cl umed appropri rte by the Ficenten Dining the heating it submitted 700 additional application cards, but by stipulation none of the 700 is employed in the units claimed by the Firemen orthe I B E W 4 7 2814-42-vol 42-13 194 DECISIONS OF NAT10NAL LABOR RELATIONS BOARD the Company's St. Louis plant, excluding operating engineers, shift engineers, superintendents, tool foremen and all other employ 'es of the Company 3 The U. E. R. M contends that the proper unit should be an industrial one covering all employees of the Company's Plant No 1. The U E R M opposes the units sought by the I B E W and the Firemen by pointing out that all these employees are in general hired, supervised, and paid in the same manner, that they aie subject to the same rules and regulations of the Company that govern all other employees, and that because of the indispensable natui e of their work to the production plant they are an integral part of the production system. Therefore, it is argued, firemen and electricians more appro- priately belong to an industrial unit - On the other hand, the Firemen point to the fact that the employees sought by them possess special skills and qualifications, receive their instructions from their own su perintendent, are physically separate from other workers of the plant, and for a long time have been organized as a craft union Although the electricians, unlike the firemen, are not physically segregated from the other employees, nevertheless they too possess special skills, are su- pervised by their own departmental head who directs them from a cen- ti al headquarters to which the electricians report, and they too have been organized as a craft group for some time Moreover, organiza- tion of the U E R M has been substantially limited to employees not in the units sought by the Firemen and the I. B E- W., and the U E R M has not petitioned for a unit which would include firemen and electricians with production employees generally Under these circumstances, we reject the contention of the U E R M Although the Firemen in its petition requests that its unit include employees in Powerhouses No 1 and No 2, it appears that Powerhouse No 2 is not yet completed and that a considerable period of time may elapse before it is fully in operation Similarly, Plant No 2, according to the best available estimates, will require about 4 months for comple- tion Since production has not yet commenced at Plant No 2, and since the organization of employees has not extended substantially beyond Plant No 1, we are of the opinion that the employees of Plant No 1 alone constitute at the present time appropriate bargaining units. This finding will not preclude a later redetermination of the question of the appropriateness of the two-plant unit upon proper proceedings We therefore find that (a) all boiler room and tunnel employees including tunnel foremen employed at the No 1 Powerhouse of the Company's St Louis plant, excluding operating engineers, shift engi- 3 Duung the course of the hearing this unit was more accurately described by reference to Boards Exhibit No 8, a list of the 94 powerhouse No 1 employees Of these 94, 73 are des -wited bA the Firemen as falling within the unit it seeks- while 21 are excluded UNITED STATES CARTRIDGE COMPANY 195 neers, superintendent, tool foremen and all other employees of the Company, and (b) all employees of the Company's Electrical Depart- ment at its St Louis Plant No 1, including those employed on electrical -maintenance, repair, and construction work, but excluding the general superintendent, assistant superintendents, clerical workers and- all other employees of the Company, constitute two separate units appro- priate for the purposes of collective bargaining within the meaning of Section 0 (b) of the Act V THE DETERMINATION OF REFRFSENTATIVES We shall direct that the question concerning i epiesentation which has arisen be resolved by elections by secret ballot among the employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction' DIRECTION OF ELECTIONS By vii tue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective baiganiing with United States Cart- i edge Company, St Louis, Missouri. elections by secret ballot be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourteenth Region, acting in this matter, as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, aiiiong the employee, in units (a) and (b) found appropriate in Saction IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work dur- ing said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine in unit (a) whether they desire to be represented by International Brotherhood of Firemen and Oilers, Local No 6, affili- ated with the American Fedei ation of Labor, or by United Electrical, Radio and Machine Woi kei s, of America, Local No 825, affiliated with the Congress of Industi ial Organizations, for the purposes of collective bargaining, of by neither, and lit unit (b) v'hether they desire to be 'All unions in%ol ed have waived the right to protest the elections herein based upon certain charges of unfair labor practices now pending before the Board 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD represented by Inteinational Brotheihood of Electiical Workers, Local No 1, affiliated with the American Fedeiation of Laboi, or by United Electrical, Radio and Machine Workeis of America, Local No 825, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining , or by neither MR GERARD D REILLY took no part in the consideration of the above Decision and Direction of Elections Tn the Matter Of UNITED STATES CARTRIDGE COMPANY and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 1, A. F. OF L. In the Matter Of UNITED STATES CARTRIDGE COMPANY and INTER- NATIONAL BROTHERHOOD OF FIREMEN, AND OILERS , LOCAL No. 6, A. F. OF L Cases Nos. R-3787 and R-3796, respectively SUPPLEMENTAL DECISION AND AMENDMENT TO DECISION AND DIRECTION OF ELECTIONS July 22, 1942 On July 8, 1942, the National Labor Relations Board issued a Decision and Direction of Elections in the above-entitled proceed- ing," directing that separate elections be held among employees of United States Cartridge Company, St. Louis, Missouri, in the fol- lowing appropriate units : (1) all boiler room and tunnel employees at the No 1 Powerhouse of the Company's St Louis plant, and (2) all employees employed on electrical maintenance, repair, and con- struction work at the Company's St. Louis Plant No. 1. Although both petitioning labor organizations had requested units consisting of boiler room and tunnel employees at Powerhouses No. 1 and No 2, and electrical employees at Plants No. 1 and No. 2, respec- tively, we limited the units to No 1 Powerhouse and to Plant No 1 primarily because No. 2 Powerhouse and Plant No. 2 were not, at the time of the hearing, completed. Upon a reconsideration of the record, and in view of the fact that the Regional Director has advised that both powerhouses and both plants are now in opera- tion and that elections may now appropriately be held in the broader units, as requested by the petitioning labor organizations, we shall amend our Decision and Direction of Elections so to provide The Decision and Direction of Elections dated July 8, 1942, is hereby amended by striking the last paragraph of "IV. The appro- priate unit" and by substituting therefor the following paragraph: '42N L R B 191 42N L R B, No 40a 197 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that- (a) all boiler room and tunnel employees, in- cluding tunnel foiemen, employed at the No 1 Powerhouse and the No 2 Powerhouse of the Company's St. Louis plant, excluding operating engineers, shift engineers, superintendent, tool foremen, and all other employees of the Company; and (b) all employees of the Company's Electrical Department at its St. Louis plant, including those employed on electrical main- tenance, repair, and construction work, but excluding the gen- eral superintendent, assistant supei intendents, clei ical workers, and all other employees of the Company, constitute two sepa- rate units appropiiate for the puiposes of collective bargaining within the meaning of Section 9 (b) of the Act. On or about July 20, 1942, United Electrical Radio and Machine Workers of America, Local 825, advised the Board that it did not desire to participate in the elections and requested that its name not appear on the ballots The request is hereby granted and the Direc- tion of Elections is hereby amended by striking the words follow- ing the phrase "to determine in unit (a)" and substituting there- for the words "whether or not they desire to be represented for the purposes of collective bargaining by International Brotherhood of Firemen and Oilers, Local No. 6, affiliated with the American Federation of Labor; and in unit (b) whether or not they desire to be represented for the purposes of collective bargaining by Inter- national Brotherhood of Electrical Workers, Local No. 1, affiliated with the American Federation of Labor." MR GERARD D RFILLY took no part in the considei ation of the above Supplemental Decision and Amendment to Decision and Direction of Elections